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Policeman faces jail after being caught on video in assault

Cahal Milmo
Friday 20 September 2002 00:00 BST

A police officer with 24 years' experience was warned yesterday that he faces jail after being found guilty of assaulting a man by repeatedly punching him. The attack was recorded on videotape.

Keith Empsall, 42, a constable with the West Yorkshire force, was seen striking Christopher Wilson in the face and kicking him as he was arrested during a disturbance outside his home in Wakefield. The officer, who was seen hitting his victim with such force that he had to move to follow up each blow, claimed he had acted out of fear that an "angry and drunk" Mr Wilson, 27, was going to injure him.

But District Judge Christopher Darnton, at Leeds magistrates' court, said he did not believe the force used by Empsall was reasonable. Rather, it constituted common assault.

The incident, in which the officer – wearing a high- visibility police jacket – struck out several times, was caught on videotape by an amateur cameraman documenting student life in the town.

Delivering his verdict after a three-day trial, the judge said: "There was definitely a kick-out, followed by three distinct blows to the face of a man moving backwards, clearly not demonstrating any signs of fighting back." Addressing the officer, he added: "Be under no illusions, I have to consider an immediate sentence in custody. You must be prepared to face that."

Empsall, granted bail until 17 October for pre-sentence reports, said nothing as he left the court accompanied by his wife and son. A spokesman for the West Yorkshire Police Federation said he was considering an appeal.

The officer was called, with a colleague, to the home of Mr Wilson in June last year because of an attack on a car in which all its windows had been smashed with a baseball bat. The court was told that Mr Wilson, who had spent the evening drinking with friends after his girlfriend left him, became irate when the two officers tried to enter his home to search the premises for the bat.

Empsall then displayed a "disgraceful lack of control". He appeared to lash out at Mr Wilson, punching him three times before kicking him and dragging him by the hair as he handcuffed him.

The police officer said he had hit Mr Wilson only to distract and disorientate him and had used a police technique called a "knee strike", designed to disable an attacker briefly, when the suspect had kicked him.

Empsall said: "I wanted to effect the arrest as best I could. I wanted to go home at the end of the shift to my wife and children without being injured."

Mr Wilson, who has previous convictions for burglary and theft, denied apologising to the PC for his conduct, saying he could not remember whether he was aggressive.

The court was told Mark Goodwin, the student who shot the 60-second video from his home, had earned £7,000 after agreeing with GMTV to share the rights to the footage.

The prosecution was brought after an investigation by West Yorkshire Police under the supervision of the Police Complaints Authority. The force said last night that it had suspended Empsall but would wait until sentencing before taking disciplinary action.

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